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Monday, September 13, 2010

Healthcare Reform Opponents are Heard Today In Florida Hearing-May Set Tone For Us All

Healthcare Reform Opponents Pin Hopes On Florida Hearing.

The Los Angeles Times (9/13, Savage) reports, "The conservative counterattack on President Obama's overhaul of health insurance will take center stage in the courts this week when Republican state attorneys general and a leading small-business group urge a federal judge in Florida to strike down the law before it can take effect. They contend Congress does not have the power under the Constitution to require all Americans to have health insurance." Initially, the lawsuit appeared "to be a long shot," and "legal experts on the left and right said that, since the late 1930s, the Supreme Court has said Congress has broad power to regulate all aspects of the economy." Yet, "on the eve of the court hearing in Florida, some defenders of the law acknowledge that they are less confident that a judge will toss out the lawsuit entirely."
The Wall Street Journal (9/13, Jones, subscription required) reports that the Florida suit against the healthcare law was filed by two Washington, DC attorneys, David Rivkin and Lee Casey, and although it is only one of several such lawsuits, the case has garnered much attention because it was filed on behalf of 20 state AGs and other groups. These attorneys argue that the law is unconstitutional, and that the government has overstepped its authority in attempting to compel individuals to purchase health insurance. Some legal experts, however, contend that the states lack standing, and that the suit will be thrown out.

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